S.Seetha v. The Correspondent

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.07.2019

CORAM

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR W.P.(MD) No.13953 of 2017 and W.M.P.(MD)Nos.10908 and 14003 of 2017 S.Seetha

...Petitioner

Vs.

1.The Correspondent, Thico Silks Matric High Secondary School, Main Road, Thiruppuvanam, Thiruvidaimarudur Taluk, Thanjavur Taluk.

2.The Chief Educational Officer, Panagal Building, Thanjavur.

3.The District Educational Officer, Kumbakonam.

4.The Inspector of Matriculation Schools, Office of the Inspector of Matriculation Schools, Panagal Buildlings, Thanjavur.

...Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the records relating to the impugned order of suspension by the first respondent, dated 27.01.2017 served upon the petitioner on 30.01.2017 and quash the same and to direct the 1st respondent to permit the petitioner to resume her job as Maths Teacher in the 1st respondent school.

For Petitioner : Mr.R.Sundar Srinivasan For R1 : Mr.H.Lakshmi Shankar For R2 to R4 : Mrs.S.Srimathy Special Government Pleader

ORDER

This Writ Petition has been filed to quash the order of suspension dated 27.01.2017 passed by the first respondent and to direct the first respondent to permit the petitioner to resume her job as Maths Teacher in the first respondent school. 2.The case of the petitioner is that she was working as Maths Teahcer in the first respondent school. Based on the complaint given by one Gandhimathi, by order dated 27.01.2017, the first respondent suspended the petitioner from the said school. 3.According to the learned counsel for the petitioner, the said order of suspension dated 27.01.2017 is illegal and arbitrary and hence, the same is liable to be quashed.

4.The learned Special Government Pleader appearing for the respondents 2 to 4 drew the attention of this Court by producing the copy of the order dated 23.06.2017 passed by the Inspector of Matriculation Schools, Thanjavur.

5.On perusal of the order dated 23.06.2017, it is seen that after receiving all the original certificates, the petitioner has been relieved from the school and thereafter, another person has also been appointed as Maths Teacher. Further, the learned Special Government Pleader would submit that with regard to ESI and other benefits, if the petitioner makes a representation to the first respondent school, the same would be considered as expeditiously as possible on merits and in accordance with law. 6.Recording the submission made by the learned Special Government Pleader, this Court directs the petitioner to approach the first respondent school management by way of filing a representation, if any payment under PF, ESI and other benefits is due and payable to her. On receipt of such representation, the first respondent school is directed to consider the same and pass appropriate orders on merits and in accordance with law as expeditiously as possible.

7.This Writ Petition is dismissed with the above direction. No costs. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar (AD-I) // True Copy // Sub Assistant Registrar(CS)

mm To 1.The Chief Educational Officer, Panagal Building, Thanjavur.

2.The District Educational Officer, Kumbakonam.

3.The Inspector of Matriculation Schools, Office of the Inspector of Matriculation Schools, Panagal Buildlings, Thanjavur.

+1cc to Mr.R.Sundar Srinivasan,Advocate, SR.No.74283 +1cc to Mr.H.Lakshmi Shankar,Advocate, SR.No.74358 W.P.(MD) No.13953 of 2017 NA (24.07.2019) 3P :6C